2307639/2023Struck out

Countrywide Estate Agents Ltd and U&P Recruitment Ltd

v Mr M Baptiste

10 November 2025·Employment Tribunal·England & Wales·Employment Judge Burge

Respondent

Countrywide Estate Agents Ltd and U&P Recruitment Ltd

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Decision date

10 November 2025

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Burge

Case Summary

Employment Judge Burge struck out Mr M Baptiste’s claim of unfair dismissal as he did not have at least two years of service. The judge also allowed claims of race discrimination and unauthorised deductions from wages to continue.

Why this outcome?

No qualifying employment period

The claimant did not have the minimum two years of service required by statute to bring an unfair dismissal claim, which is a jurisdictional bar to that claim proceeding.

Key Issues

  • Claimant's employment duration does not meet the two years requirement for unfair dismissal complaint under Section 108 of the Employment Rights Act 1996

Decision Text

Full PDF

1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mr M Baptiste Respondents: Countrywide Estate Agents Limited (1) U&P Recruitment Ltd (2) JUDGMENT The Claimant’s claim of unfair dismissal is struck out. REASONS 1. The Claimant complains of unfair dismissal. 2. Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to make an unfair dismissal complaint. 3. The Claimant was employed by the respondent for less than two years. Therefore the Claimant is not entitled to bring such a complaint. 4. The Tribunal gave the Claimant an opportunity to provide reasons why the complaints of unfair dismissal should not struck out. 5. The Claimant responded on 9 September 2025. In that response he has failed to explain why his case is one of the exceptions set out in section 108 of the Employment Rights Act 1996 and has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out. 6. Accordingly, the complaint of unfair dismissal is struck out. 2 of 2 7. The Claimant’s complaints of race discrimination and unauthorised deductions from wages continue. Approved by: Employment Judge Burge 10 November 2025 _____________ Sent to Parties. 13 November 2025

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